As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 204  5            

      1999-2000                                                    6            


 REPRESENTATIVES SCHULER-WINKLER-TAYLOR-VAN VYVEN-EVANS-VESPER-    7            

    OLMAN-JAMES-TERWILLEGER-CLANCY-ROMAN-CAREY-VERICH-SULZER-      9            

                SENATORS SCHAFRATH-SPADA-GARDNER                                


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 505.371 and 505.391 of the Revised  13           

                Code and to amend Section 165 of Am. Sub. H.B.     14           

                215 of the 122nd General Assembly to permit the                 

                political subdivisions that comprise a joint fire  15           

                district to pay the district's charges for         16           

                ambulance or emergency medical services provided                

                to their respective residents under certain        17           

                circumstances, to permit two or more municipal                  

                corporations to form a joint fire district, to     18           

                permit a fee to be charged for false fire alarms   19           

                from residential buildings in townships or fire                 

                districts, and to extend to December 15, 2002,     20           

                the general moratorium on the issuance of new      21           

                licenses to manufacturers or wholesalers of                     

                fireworks and on approvals of the transfer of      22           

                their licenses to other locations.                              




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        24           

      Section 1.  That sections 505.371 and 505.391 of the         26           

Revised Code be amended to read as follows:                        28           

      Sec. 505.371.  (A)  The boards of township trustees of one   37           

or more townships and the legislative authorities of any one or    38           

more municipal corporations, OR THE LEGISLATIVE AUTHORITIES OF     39           

TWO OR MORE MUNICIPAL CORPORATIONS, or the boards of township      41           

trustees of two or more townships, may, by adoption of a joint     42           

                                                          2      


                                                                 
resolution by a majority of the members of each board of township  43           

trustees and by a majority of the members of the legislative       44           

authority of each municipal corporation, create a joint fire       45           

district comprising the municipal corporations and all or any      46           

portions of the townships as are mutually agreed upon.  A joint    47           

fire district so created shall be given a name different from the  48           

name of any participating township or municipal corporation.       49           

      (B)  The governing body of the joint fire district shall be  51           

a board of fire district trustees, which shall include one         52           

representative from each board of township trustees and one        53           

representative from the legislative authority of each municipal    54           

corporation in the district.  The board of fire district trustees  55           

may exercise the same powers as are granted to a board of          56           

township trustees in sections 505.37 to 505.45 of the Revised      57           

Code, including, but not limited to, the power to levy a tax upon  58           

all taxable property in the fire district as provided in section   59           

505.39 of the Revised Code.  The board of fire district trustees   60           

may be compensated at a rate not to exceed thirty dollars per      61           

meeting, not to exceed fifteen meetings per year, and may be       62           

reimbursed for all necessary expenses incurred.  The board shall   63           

employ a clerk of the board of fire district trustees.             64           

      (C)(1)  The board of fire district trustees may establish    66           

reasonable charges for the use of ambulance or emergency medical   68           

services.  The board may establish different charges for           69           

residents and nonresidents of the district, and may WAIVE, at its  71           

discretion, waive all or part of the charge for any resident of                 

the district.  The charge for nonresidents shall be an amount not  72           

less than the authorized medicare reimbursement rate, except that  73           

if, prior to the effective date of this amendment FEBRUARY 4,      75           

1998, the board had different charges for residents and            76           

nonresidents and the charge for nonresidents was less than the     77           

authorized medicare reimbursement rate, the board may charge       78           

nonresidents less than the authorized medicare reimbursement       79           

rate.  Charges                                                                  

                                                          3      


                                                                 
      (2)  IN THE RESOLUTION CREATING THE JOINT FIRE DISTRICT,     81           

THE POLITICAL SUBDIVISIONS THAT CREATE THE DISTRICT MAY PROVIDE    82           

THAT ANY OF THOSE POLITICAL SUBDIVISIONS MAY AGREE TO PAY ANY      83           

CHARGES FOR THE USE OF AMBULANCE OR EMERGENCY MEDICAL SERVICES     84           

THAT THE BOARD OF FIRE DISTRICT TRUSTEES ESTABLISHES UNDER         85           

DIVISION (C)(1) OF THIS SECTION AND THAT ARE INCURRED BY THE       86           

RESIDENTS OF THE PARTICULAR POLITICAL SUBDIVISION.  UNLESS THE                  

BOARD ELECTS PURSUANT TO THAT DIVISION TO WAIVE ALL OR PART OF     87           

THE CHARGES FOR THE USE OF AMBULANCE OR EMERGENCY MEDICAL          88           

SERVICES THAT ANY RESIDENT OF THE DISTRICT INCURS, THE RESIDENTS   89           

OF A PARTICULAR POLITICAL SUBDIVISION THAT HAS NOT SO AGREED TO    90           

PAY THE CHARGES FOR THE USE OF AMBULANCE OR EMERGENCY MEDICAL                   

SERVICES INCURRED BY ITS RESIDENTS SHALL PAY THOSE CHARGES.        91           

      (3)  CHARGES collected under DIVISION (C) OF this paragraph  94           

SECTION shall be kept in a separate fund designated as "the        95           

ambulance and emergency medical services fund," and shall be       97           

appropriated and administered by the board.  These funds THE FUND  100          

shall be used for the payment of the costs of the management,      101          

maintenance, and operation of ambulance and emergency medical      102          

services in the district.  As                                      103          

      (4)  AS used in DIVISION (C) OF this paragraph SECTION,      106          

"authorized medicare reimbursement rate" has the same meaning as   107          

in section 505.84 of the Revised Code.                             108          

      (D)  Any municipal corporation or township, or parts of      110          

them, may join an existing joint fire district by the adoption of  112          

a resolution requesting such membership and upon approval of the   113          

board of fire district trustees.  Any municipal corporation or     114          

township may withdraw from a joint fire district created under     115          

this section, by the adoption of a resolution ordering             116          

withdrawal.  On or after the first day of January of the year      117          

following the adoption of the resolution of withdrawal, the        118          

municipal corporation or township withdrawing ceases to be a part  119          

of such district, and the power of the joint fire district to      120          

levy a tax upon taxable property in the withdrawing township or    122          

                                                          4      


                                                                 
municipal corporation terminates, except that the joint fire       123          

district shall continue to levy and collect taxes for the payment  124          

of indebtedness within the territory of the joint fire district    125          

as it was comprised at the time the indebtedness was incurred.     126          

      Upon the withdrawal of any township or municipal             128          

corporation from a joint fire district created under this          129          

section, the county auditor shall ascertain, apportion, and order  130          

a division of the funds on hand, including funds in the ambulance  131          

and emergency medical services fund, moneys and taxes in the       132          

process of collection, except for taxes levied for the payment of  133          

indebtedness, credits, and real and personal property, either in   134          

money or in kind, on the basis of the valuation of the respective  135          

tax duplicates of the withdrawing municipal corporation or         136          

township and the remaining territory of the joint fire district.   137          

      When the number of townships and municipal corporations      139          

comprising a joint fire district is reduced to one, the joint      140          

fire district ceases to exist by operation of law, and the funds,  141          

credits, and property remaining after apportionments to            142          

withdrawing municipal corporations or townships, shall be assumed  143          

by the one remaining township or municipal corporation.  When a    144          

joint fire district ceases to exist and an indebtedness remains    145          

unpaid, the board of county commissioners shall continue to levy   146          

and collect taxes for the payment of such indebtedness within the  147          

territory of the joint fire district as it was comprised at the    148          

time the indebtedness was incurred.                                149          

      Sec. 505.391.  If, after the fire department of a township,  158          

township fire district, or joint fire district, or a private fire  159          

company with which the fire department of a township, township     160          

fire district, or joint fire district contracts for fire           161          

protection, responds to a false alarm from an automatic fire       162          

alarm system at a commercial establishment OR RESIDENTIAL          163          

BUILDING, the board of township trustees gives written notice by   165          

certified mail to the owner and the lessee, if any, of the         166          

building in which the system is installed that the board IT may    167          

                                                          5      


                                                                 
assess a charge of up to three hundred dollars for each            169          

subsequent false alarm within a period of thirty days after any    170          

false alarm by that system, the board of township trustees may     171          

assess such a THAT charge.  THIS NOTICE SHALL BE MAILED TO THE     172          

OWNER AND THE LESSEE, IF ANY, OF THE BUILDING IN WHICH THE SYSTEM  173          

IS INSTALLED.  After the board gives written THIS notice by        174          

certified mail once to an owner and lessee, if any, the board      176          

need not give any additional written notices before assessing a    177          

charge for a false alarm as provided by this section.  If not      178          

paid within sixty days after the owner OR LESSEE receives A        179          

written notice by certified mail that a charge has been assessed,  181          

such charges THE CHARGE shall be entered upon the real property    182          

tax list and tax duplicate and, shall be a lien upon the property  184          

served, and shall be collected as other taxes.  Charges collected  185          

under this section shall be returned to the township general       186          

fund.                                                              187          

      As used in this section, "commercial establishment" means a  189          

building or buildings in an area used primarily for                190          

nonresidential, commercial purposes.                               191          

      Section 2.  That existing sections 505.371 and 505.391 of    193          

the Revised Code are hereby repealed.                              195          

      Section 3.  For those joint fire districts created prior to  197          

and in existence on the effective date of this act, the joint      198          

resolution creating the district may be amended to permit, on and  199          

after the amendment's effective date, any of the political         200          

subdivisions involved to agree to pay any charges for the use of                

ambulance or emergency medical services incurred by the residents  201          

of the particular political subdivision in accordance with         202          

section 505.371 of the Revised Code, as amended by this act.       203          

      Section 4.  That Section 165 of Am. Sub. H.B. 215 of the     205          

122nd General Assembly be amended to read as follows:              206          

      "Sec. 165.  During the period beginning on the effective     208          

date of this section AMENDMENT and ending on December 15, 1999     209          

2002, the State Fire Marshal shall not do either ANY of the        211          

                                                          6      


                                                                 
following:                                                                      

      (A)  Issue a license as a manufacturer of fireworks under    213          

sections 3743.02 and 3743.03 of the Revised Code to a person for   214          

a particular fireworks plant unless that person possessed such a   215          

license for that fireworks plant immediately prior to the          216          

effective date of this section JUNE 30, 1997;                      217          

      (B)  Issue a license as a wholesaler of fireworks under      219          

sections 3743.15 and 3743.16 of the Revised Code to a person for   220          

a particular location unless that person possessed such a license  221          

for that location immediately prior to the effective date of this  222          

section JUNE 30, 1997;                                                          

      (C)(1)  Except as provided in division (C)(2) of this        224          

section, approve the transfer of a license as a manufacturer or    225          

wholesaler of fireworks under Chapter 3743. of the Revised Code    226          

to any location other than a location for which a license was      227          

issued under that chapter immediately prior to the effective date  228          

of this section JUNE 30, 1997.                                     229          

      (2)  Division (C)(1) of this section does not apply to a     231          

transfer that the Fire Marshal approves pursuant to division       232          

(D)(2) of section 3743.17 of the Revised Code."                    233          

      Section 5.  That existing Section 165 of Am. Sub. H.B. 215   235          

of the 122nd General Assembly is hereby repealed.                  236